(By Delegate Pino)
[Introduced February 9, 2005; referred to the
Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §7-14-8 of the code of West Virginia,
1931, as amended, relating to clarifying that the sheriff is
the appointing officer with respect to deputy sheriffs who
have resigned and thereafter seek appointment by
reinstatement.

Be it enacted by the Legislature of West Virginia:
That §7-14-8 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.

§7-14-8. Form of application; age requirements; exceptions.

The Civil Service Commission in each such county shall require
persons applying for admission to any competitive examination
provided for under this article or under the rules and regulations
of the Commission to file in its office, within a reasonable time
prior to the proposed competitive examination, a formal application in which the applicant shall state under oath or affirmation:
(1) His or her full name, residence and post-office address;
(2) His or her United States citizenship, age and the place
and date of his or her birth;
(3) His or her health and his or her physical capacity for the
position of deputy sheriff;
(4) His or her business, employments and residences for at
least three previous years; and
(5) SuchAny other information as may reasonably be required,
relative to the applicant's qualifications and fitness for the
position of deputy sheriff.
Blank forms for such applications shall be furnished by the
Commission, without charge, to all persons requesting the same.
The Commission may require, in connection with the application,
such certificates of citizens, physicians or others, having
pertinent knowledge concerning the applicant, as the good of the
service may require.
No application for original appointment shall be received on
and after the effective date of this article, if the person
applying is less than eighteen years of age or more than forty-five
years of age at the date of his or her application: Provided, That
in the event any applicant formerly served as a deputy sheriff for
a period of more than six months in the county to which he or she
makes application, and resigned as a deputy sheriff at a time when there were no charges of misconduct or other misfeasance pending
against him or her, within a period of two years next preceding the
date of his or her application, and at the time of his or her
application resides within the county in which he or she seeks
appointment by reinstatement, then such applicant shall be eligible
for appointment by reinstatement in the discretion of the civil
service commissionappointing sheriff, even though suchthe
applicant shall be over the age of forty-five years, provided he or
she is not sixty-five years of age or over, and suchtheapplicant,
providing his or her former term of service as a deputy sheriff so
justifies, may be reappointed by reinstatement without a
competitive examination, but suchtheapplicant shall undergo a
medical examination; and if suchtheapplicant shall be so
appointed by reinstatement as aforesaid, he or she shall be the
lowest in rank in the sheriff's office next above the probationers
of the office.

NOTE: The purpose of this bill is to clarify that the sheriff
is the appointing officer with respect to deputy sheriffs who have
resigned and thereafter seek appointment by reinstatement.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.